In Mat Holdings Ltd v. U.B.A. Plc (2003) 2 NWLR (Pt. 803) page 71 at 91, (2003) FWLR (Pt. 183) page 146 the law was succinctly stated with respect to suits on the undefended list inter alia: “The rules of Court providing for cases to be placed on the undefended list proceeding are deliberately designed to allow for quick dispensation of justice to avoid unnecessary clogging of the legal system with proceeding which could otherwise have been easily and quickly disposed of. Although the need for fair hearing should not be sacrificed on the altar of expediency, the procedure should not be frustrated or thwarted by fanciful or general defence directed at frustrating the Plaintiff of judgment he well deserved, a case should therefore not be translated to the general cause list merely on the whims and caprices of a defendant who merely finds the words “fair hearing” convenient as well as handy shegam.”
PURPOSE OF UNDEFENDED LIST PROCEDURE
Of course, it is well known that proceedings taken under the undefended List procedure are Sui generis, being in a special class and intended to give summary judgment to a creditor in obvious claims of indebtedness or outstanding monetary claims, which are indefenceable. It is aimed at killing time and removing undue struggle, thus avoiding...